Pubdate: Tue, 15 June 1999
Source: Times Union (NY)
Copyright: 1999, Capital Newspapers Division of The Hearst Corporation
Contact:  Box 15000, Albany, NY 12212
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Author: Lara Jakes, Capitol Bureau

CATHOLIC CHURCH LEADERS URGE DRUG LAW REFORM

Albany -- In letter to Pataki and Legislature, bishops fault
reluctance to change tough Rockefeller laws

Representing 5 million New Yorkers, the top leaders of the state's
Catholic Church on Monday demanded reform of the Rockefeller Drug
Laws, calling the sentencing mandates "ineffective and unduly
restrictive.''

Led by Archbishop John Cardinal O'Connor, the Roman Catholic Bishops
of New York criticized the 26-year-old laws for taking sentencing
decisions out of the hands of trial judges and mandating prison terms
without considering offenders' personal circumstances. The bishops
also advocated for more treatment options for nonviolent drug
offenders, which they said reduces criminal recidivism.

In a two-page letter to Gov. George Pataki and the Legislature, the
bishops gently rapped lawmakers for failing to move on Rockefeller
reforms in 1999, a non-election year that was widely believed to be
the best time for any changes. Bickering between Pataki and Assembly
Speaker Sheldon Silver, D-Manhattan, has so far stonewalled reforms.

"As moral teachers, we believe the time has come, after a
quarter-century of experience, to urge all New Yorkers to advocate for
a more humane and effective system to rehabilitate addicts and protect
public safety,'' the bishops' letter stated. "We are encouraged that
many state leaders have advanced proposals toward this end. We believe
reform of these laws can and should be enacted this legislative year.''

The Legislature is scheduled to end its annual six-month session on
Wednesday. However, because they have not yet approved a state budget,
lawmakers will either extend their session or resume for a special
session later this year.

Under the Rockefeller Drug Laws, a person with no prior record and no
history of violence who is convicted of possessing four ounces or
selling two ounces of a narcotic faces a mandatory minimum sentence of
15 years to life. No other state has such a tough law, nor does the
federal government.

Joined by an ever-growing group of advocates and jurists, Democrat and
Republican lawmakers alike have called this spring for change in the
Rockefeller laws. Pataki, who had opposed such reforms in his first
term, also put forth a package of crime bills that included a measure
to scale back the mandatory minimums for first-time drug transporters,
or "mules.'' In exchange, however, the governor is demanding the
elimination of parole for all felons -- a policy the Democratic
Assembly refuses to consider.

So far, Pataki and Silver have not discussed any compromises to bring
some level of Rockefeller reforms to fruition this year, and the
governor on Monday said he doubted a resolution will be found any time
soon.

If nothing else, the bishops' letter could bring "added pressure on
policymakers in Albany to take significant steps to reform the
Rockefeller Drug Laws,'' said Robert Gangi, executive director of the
Correctional Association of New York.
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